Governing Law & Dispute Resolution
Thank you for choosing SereneMind for your mental health and mindfulness journey. This section of our Terms of Service outlines the legal framework that governs our relationship with you, as well as the procedures for resolving any disputes that may arise. By using our platform, you acknowledge that you have read, understood, and agreed to these terms.
Please Note: This policy is designed to be clear and accessible. If you have questions about any clause, our legal support team is available to assist you.
1 Governing Law
These Terms, including this Governing Law & Dispute Resolution section, shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles. This applies regardless of where you reside or access the SereneMind platform, unless otherwise required by mandatory local laws.
2 Jurisdiction & Venue
Any legal proceedings or claims arising out of or relating to these Terms or your use of the SereneMind platform shall be brought exclusively in the federal or state courts located in San Francisco County, California. You hereby consent to the personal jurisdiction and venue of such courts.
3 Dispute Resolution Process
Before initiating any formal legal action, both parties agree to follow a structured dispute resolution process to address concerns efficiently and amicably:
- Direct Communication: You must first notify SereneMind in writing via legal@serenemind.com detailing the nature of the dispute. We will make commercially reasonable efforts to resolve the matter within thirty (30) days of receiving your notice.
- Mediation: If the dispute remains unresolved after the initial period, either party may request non-binding mediation through a mutually agreed-upon third-party mediation service located in California. Costs will be shared equally unless otherwise agreed.
- Arbitration: If mediation does not resolve the dispute, the matter shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California, and judgment on the award may be entered in any court having jurisdiction.
4 Waiver of Class Actions & Jury Trial
By agreeing to this dispute resolution process, you and SereneMind expressly waive any right to participate in a class action lawsuit, consolidated lawsuit, or representative proceeding. Furthermore, both parties waive any right to a trial by jury. Disputes will be resolved on an individual basis only.
5 Exceptions to Arbitration
Notwithstanding the above, neither party shall be prohibited from pursuing claims in small claims court, where jurisdiction permits. Additionally, you may seek equitable relief in a court of competent jurisdiction to stop infringement or misappropriation of intellectual property, trade secrets, or confidential information, or to address public health and safety concerns related to mental health services.
6 Severability & Amendments
If any provision of this section is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. SereneMind reserves the right to modify this policy at any time. Continued use of the platform following such modifications constitutes your acceptance of the updated terms.
7 Contact Our Legal Team
If you have questions about this Governing Law & Dispute Resolution policy, or if you wish to initiate the dispute resolution process, please contact us at:
- Email: legal@serenemind.com
- Mail: SereneMind Legal Department, 123 Wellness Way, Suite 400, San Francisco, CA 94105, USA
- Phone: +1 (888) 555-0198 (Mon-Fri, 9AM-5PM PST)